5-334. ACT OR OMISSION PREVENTING ABORTION NOT ACTIONABLE. (1) A cause of action shall not arise, and damages shall not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted.
(2) The provisions of this section shall not preclude causes of action based on claims that, but for a wrongful act or omission, fertilization would not have occurred, maternal death would not have occurred or disability, disease, defect or deficiency of an individual prior to birth would have been prevented, cured or ameliorated in a manner that preserved the health and life of the affected individual.
History:
[5-334, added 1985, ch. 147, sec. 1, p. 394; am. 2010, ch. 235, sec. 1, p. 542.]
Structure Idaho Code
Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
Chapter 3 - PARTIES TO ACTIONS
Section 5-302 - ASSIGNMENT OF THING IN ACTION.
Section 5-304 - MARRIED WOMEN AS PARTIES.
Section 5-305 - HUSBAND AND WIFE SUED TOGETHER.
Section 5-306 - INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM.
Section 5-308 - ACTION FOR SEDUCTION.
Section 5-309 - ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN.
Section 5-310 - ACTION FOR INJURY TO UNMARRIED CHILD.
Section 5-311 - SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES — DAMAGES.
Section 5-319 - DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS.
Section 5-326 - UNKNOWN OWNERS OR HEIRS — EFFECT OF JUDGMENTS AND DECREES.
Section 5-328 - STATE A PARTY DEFENDANT IN SUIT AFFECTING TITLE TO REAL OR PERSONAL PROPERTY.
Section 5-329 - SERVICE OF PROCESS UPON ATTORNEY GENERAL.
Section 5-330 - IMMUNITY OF PERSONS GIVING EMERGENCY FIRST AID FROM DAMAGE CLAIM.
Section 5-331 - IMMUNITY OF VOLUNTEER AMBULANCE ATTENDANT.
Section 5-332 - CONSENT FOR EMERGENCY MEDICAL TREATMENT.
Section 5-334 - ACT OR OMISSION PREVENTING ABORTION NOT ACTIONABLE.
Section 5-335 - GENERAL RULES OF PLEADING — CLAIMS FOR RELIEF.
Section 5-336 - DEMAND FOR JUDGMENT — DEFAULT JUDGMENTS.
Section 5-337 - IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR (AED).
Section 5-338 - IMMUNITY OF DONORS OF WILD GAME MEAT.
Section 5-339 - IMMUNITY OF FOOD DONOR AND FOOD BANK.
Section 5-341 - IMMUNITY OF EMPLOYERS ALLOWING EMPLOYEE FIREARM STORAGE.
Section 5-342 - IMMUNITY FOR SEARCH AND RESCUE OPERATIONS.
Section 5-343 - IMMUNITY OF COLLEGES AND UNIVERSITIES ALLOWING FIREARMS.
Section 5-344 - IMMUNITY — AID TO PERSON IN VEHICLE.